canceled spouse's flight and put him on a bus. thanks so much for watching us. >> here's gretchen on "the real story." see you tomorrow. >> thanks very much. today, did the president overreach? supreme court justices deciding that right now. will the court rule for a firm challenging president obama's labor board pick, signaling he may have abused his power? plug, double whammy for chris christie. now the feds are investigating whether the governor used millions of dollars of aid for superstorm sandy in it the right way. and mcdonald's burned again for serving coffee some say is just too hot. hi, everyone. i'm gretchen carlson. welcome today to "the real story." we start with the latest on obamacare and this question for

you. does anyone really know who's actually signed up? according to reuters, new data from seven states and the district of columbia, shows just 22% of the people who signed up in those areas are the folks the administration wants, the 18 to 33-year-olds. that falls far short of the 38% the administration desperately needs to be able to effectively pay for this program. joining us now, guy benson. hi, guy. >> hello, gretchen. >> all right. so we have that poll about the young people. we've talked about that with each other before. but the new bomb shell that's coming out today that i've been wondering about since the first of the year is, how do you know if you're actually signed up? the administration has yet to put those numbers out. i can tell you from talking to folks in my state where i live in connecticut, people have not received a receipt they've paid for this or an actual insurance card. >> and some people, gretchen, who have actually gotten those

cards, who have paid their first month's premium, which we've discussed, is the first barrier really to entry to be covered. they get that card from their insurer. they're showing up for care, and running into brick walls as well. i mean, there's a big "new york times" story over the weekend talking about exactly this phenomenon where people think that they're covered and they're not. this is something that should not be -- it's a big story. don't get me wrong. but it's not something that should surprise any of your audience, for example. this is something we've predicted. we've talked about this for weeks. here it is coming to fruition, which is, i think, a very scary situation for people going in for surgery, going in for serious medical treatment and being told -- well, there are two quick examples we've seen. one was a woman in illinois. went in for surgery. her doctor and his office spent two hours on the phone with insurance trying to get some

confirmation she was covered. they couldn't. they went ahead and operated anyway, hoping the money situation would work itself out. there was a pregnant woman, went in for an ultrasound, didn't have any record of her, so she had to pay over $600 out of pocket for that. >> obviously you're going to do that even if you don't have the money and it's a life or death situation. it's also happening at the pharmacies. i'm reading today about a woman who has asthma severely and she was told she had to pay the full price because they didn't have record of her being covered, $187. didn't have the money. used to only paying $50. now she doesn't have the inhaler, but she might still have the asthma attack. >> that's right. and what we're hearing about in "the times" report and other publications, people are being given this very distressing choice. either, a, you pay all this money out of pocket, which a lot of people just simply cannot afford to do, or you make the

choice to walk away. so people are walking out of hospitals, walking out of pharmacies without their life-saving treatments or the drugs they need or what have you. that is what we're seeing. it's a natural by-product, i think, gretchen, of poor management, on-the-fly postponements and delays and general chaos that's been sewn over, this is really weeks and months in the making. people thought they were getting signed up. there were problems with the website. then there was that crush at the end of december. and here we are today. >> and keep in mind, these are the people who actually have tried to sign up. there are plenty who haven't even done that much. all right. guy benson, great to see you. have a good week. >> you too. thank you. >> another big story for you today. oral arguments have wrapped up in a landmark case before the supreme court. justices looking into whether president obama has the power to temporarily fill high-level positions when the senate is not in session.

shannon breem is live to explain. what's at stake in this case? >> reporter: gretchen, in this specific case, it's a test of the president's power to make appointments to the national labor relations board during a time that many in the senate argue they were not in recess. but it takes us to a bigger conversation about the use of executive power and accusations by many that this white house has really pushed those boundaries. here is the plaintiff's attorney in this case. >> i think it's an important issue because one of the ways that the executive branch has unilaterally expanded executive power over time was by unilaterally expanding the president's power. to the point where advice and consent is used only when it's convenient to the president. >> reporter: at one point during the arguments today, justice samuel alito stopped the solicitor general, arguing of course on behalf of the administration, and said it sounds to me you're making a, quote, very, very aggressive argument in favor of expanding presidential power. that seemed to be something that

a number of the justices seemed very uninterested in doing today. >> so how is the administration hoping to preserve these appointments that the president made during that specific time frame? >> reporter: well, they made the argument that republican and democratic presidents alike have made similar appointments in the past. they say it's something that's been going on for centuries back to the beginning of this country. those who support the president's move here do believe that's one of their best arguments. here's the chief counsel with the constitutional accountability center. >> the government has made a very strong argument that the text of the constitution gives the president the power to make recess appointments when the senate is unavailable. and the practice, going back to president george washington, supports the government's interpretation of the text of the constitution. >> reporter: the chamber today was full of d.c. notables like senators mitch mcconnell and

mike lee. i think i spotted jay carney too, white house press secretary. regardless, they'll have to wait like the rest of us to find out the decision. >> all right. very interesting. thanks so much, shannon. new jersey governor chris christie facing new legal trouble today. federal auditors now investigating if the $25 million in hurricane sandy relief funds used to promote tourism following the storm with ads that featured governor and his family extensively were used appropriately. christie, of course, already facing scrutiny over the george washington bridge shutdown. so check out this brutal new poll that shows most new jersey voters think it's at least somewhat likely christie was aware the traffic lanes were being closed as political retaliation. joining me now, michael aaron, nj-tv's chief political correspondent. so you look into new jersey on a daily basis and the politics that surround it. >> i do, gretchen. >> what do you make now of this investigation into these hurricane sandy funds? were they used appropriately or not? >> when it rains, it pours for

chris christie. his office is saying that this is just a routine audit of federal expenditure. not an investigation. the national review is questioning the timing of this announcement coming right on top of what the governor is dealing with -- >> you know, in that article, i just want to bring up that they say the inspector general leaks words of investigation when it's politically motivating for the other side. >> it could be. that's possible. it would be very tough to know one way or another unless somebody says so. the governor did spend about $2 million more in federal funds on an ad firm that wanted to use his image than the lower bidder. there were two bidders. i guess somebody is just going to decide whether that was legitimate or not. the ads were generally well received by a lot of different independent tourism groups and so forth. they weren't that controversial. the only thing controversial about those ads was how many

times they ran. people were getting sick of them. >> also, word coming out from a former governor of new jersey, also a republican, tom kane, who's known governor christie since he was 15 years old. he's being critical, saying this. he's faulting christie for a tight inner circle in which no one will ever know him, and that is dangerous. >> i have a different quote than you have. tom kane, who is probably the most respected republican in the state of new jersey, told "the washington post" on saturday, on the one hand, i think he's got a lot to offer. i think he's the most able politician since bill clinton. on the other hand, you look at these other qualities and ask, do you really want that in your president? >> i have that quote too. >> that's a devastating quote coming from where it comes from. and you have to ask yourself, was that a slip of the tongue? was it an honest assessment? tom is an honest man.

or was there a little bit of payback in that as well because christie just came through a fight where he lost regarding tom kane jr., who is the senate minority leader in trenton. christie was part of a coup attempt that failed. in fact, christie's had a tough time since his re-election. he had none of these kinds of difficulties in the first term. here he's lost on the tom kane fight, and now he's got this enormous crisis on his hands. >> and now he's got yet another investigation today with these tourism funds. thanks so much, michael, for being here. >> my pleasure. >> and governor chris christie may be getting ready for his first public event since his news conference last week. the new jersey governor now scheduled to appear at a fundraiser on thursday for steve lon began. he's the lawmaker who recently lost the senate race to democrat cory booker. now he's running for a congressional seat.

time for a fox news alert. because that southwest plane which landed at the wrong airport in missouri is set to take off now any moment. flight 4013 was scheduled to arrive in branson, missouri, but it instead landed at a small airport seven miles northeast with a runway about half the size of the intended destination. well, no word yet on why the plane landed at the wrong airport, but the ntsb will be on the scene to investigate today. 124 passengers and five crew members were on board. no one was hurt. although, passengers say it came to a quick stop. meantime, former defense secretary robert gates hitting the air waves to defend his controversial new memoir that slams president obama. why he says it was important to be candid. plus, new detail on those credit cart breaches that affected more than a third of the u.s. population. why one report says that could just be the tip of the iceberg. and bomb shell revelations of a taxpayer bailout built into the obamacare law. our panel is here to break down

exactly how much you're shelling out to keep the health care law afloat. right back. [ male announcer ] this is jowoods' first day of work. and his new boss told him two ings -- cook what you love, and save your money. joe doesn't know it yet, t he'll work his way up from busser to waiter to chef before opening a restaurant specializing in fish and game om the great northwest. he'll stt investing early, he'll find some good people to help guide him, and he'll set money aside from his first day of work to his last, ich isn't rocket science. it's just common sense. from td ameritrade.

it's just common sense. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it could save you in out-of-pocket medical costs. call now to request your free decision guide. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and virtually no referrals needed.

see why millions of people have already enrolled in the only medicare supplement insurance plans endorsed by aarp. don't wait. call now.

some folks in west virginia can use their tap water again. that's good news after being without it for the past four days. a chemical spill in south charleston came to the water supply system for nine counties in that state. officials are gradually lifting the ban now. all public schools in four west virginia counties being closed today, though. 300,000 people were told not to drink, cook with, or bathe in the water. federal investigation now underway. new costs could be coming from the health care law, and taxpayers could be forced to pick up the tab yet again. so it involves a little-known fine-print part of the obamacare law that has the government

bailing out insurance companies once costs run over a certain amount. joining me now, our political panel. good to see you both. all right, david. when i re-educated myself on this, there's already a bailout for insurance companies in the obamacare law? people are going to be really upset about that if they didn't already know it. explain it. >> first of all, nobody read the bill as far as the congressmen. the insurance companied lobbied for this in part realizing that while obamacare was being written, they would get hit with caps, get hit with not being able to support the increase of the people on the rolls. the fact the government forced provisions, forced thing on them that people don't need. choices have been removed so they have to pick it up. what do companies do? they either pass it on in costs. that means you're either going to pay more for insurance, or you're going to be subsidized,

which means taxpayer dollars will be taken. this is $25 billion to $30 billion. with a few swipes of the pen, this could become a more expensive proposal for the taxpayers. >> is this yet another example of the fact that the lawmakers, i don't know, republicans too, i guess, did they read this? i don't remember -- >> republicans didn't vote for this. >> i know they didn't, but i don't remember a huge outcry. i'm not laying blame on this, but this is a big deal. there's been a lot of discussion about an insurance bailout, and everybody's like, oh, that will never happen. nobody would ever go for that. well, guess what? it's already in the bill. >> so the incentive for this was obviously to get insurance companies to participate in the exchanges. they were trying to get more than one or two to participate in order to give people choice and bring the cost down. the way they were structuring this, and i agree it is troublesome to some extent, but the rationale was to ensure if you have more sick than healthy

people, it allows insurance companies to go out there and say, we're not going to absorb the cost of all these sick people for two years. >> that's a nice way of putting it. what it says is that you and me and everyone else in this room are going to be footing the bill when it goes over a certain amount. >> but we've been footing the bill for -- i hate to break this to everybody. we've been footing the bill for insurance companies for years. >> not in this way. >> it's a different issue. the young invincibles are the ones they need to sign up for this. the young people that have high unemployment, their earnings track beginning to look worse than the current generation. they'll have to pay this bill. this was part of obamacare's problem as a piece of legislation. overall it needs to be subsid e subsidized or wavered to exist. this should never have been done. obama and the democrats 100% did this to the american people. >> all right. moving on to the next topic. former defense secretary robert gates speaking for the first time about his blistering new

book. he makes explosive allegations that the president did not believe in his own afghanistan strategy. gates interviewed yesterday on cbs sunday morning. >> it's one thing to tell the troops that you support them. it's another to work it, making them believe that you believe as president that their sacrifice is worth it, that the cause is just. president bush did that with the troops when i was secretary. i did not see president obama do that. >> well, just moments ago, press secretary jay carney responding to questions about gates' book. >> well, i think the same way i reacted last week, which is that the commitment the president has to our men and women in uniform is profound and deep. i think that was reflected by secretary gates, and his commitment to the mission that he's asked them to perform, and which they have performed and

are performing admirably and heroically in afghanistan is passionate and deep. >> well, time to debate. julie, also gates went on to say that the only time obama showed passion for military issues was over the repeal of "don't ask, don't tell." >> well, and then today gates went on the "today" show and said he's sorry this has become a political football because he didn't disagree with the president on virtually anything while he was in the white house. >> well, he disagreed with most of the pages david has here. >> i don't know what david cherry picked. you can cherry pick interviews. i cherry picked one right now that discount what is you said. from obama's perspective, this is a guy who inherited two wars he didn't want. he didn't want to be in iraq. he implemented the surge and realized he perhaps wasn't fully committed. >> wait a minute. you say that like it's a passing thought. a war that he's not fully committed to. thousands of people have died in that war, david.

>> did he initiate that war? >> if he didn't believe in his strategy -- >> he pulled them out. >> this is the argument they want to have. first of all, general jack keane has been on this channel and spoken about the mistakes made in the surge, ineffective from a military point of view. i'm not cherry picking. inside this book, and i still have to go through it in detail, and in the press i've looked at before, we have a secretary talking about one key issue. the difference in how presidents act versus their words when it comes to the military. bush had clearly by his deeds and by what he did, how he believed in the military. obama goes back to the clinton '90s when they wanted to eviscerate the military, lower the navy from 600 ships to less and jim webb resigned over that. here we have another secretary -- >> are you still debating the bush war record? i'd love to hear you debate it. >> there's so much debate in this boom. unfortunately, i've got to go. julie, david, great to see you both. remember that polar vortex

that brought record-freezing temps last week? wait until you hear about this week. a cold snap set to hit the country again. plus, all this frigid weather making warm drinks popular. now mcdonald's is facing new legal troubles over its coffee. we'll explain. too hot again? that's correct. cause i'm really nervous about getting trapped. why's that? uh, mark? go get help! i have my reasons. look, you don't have to feel trapped with our raise your rate cd. if our rate on this cd goes up, yours can too. oh that sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally. with an innovative showerhead plus wireless speaker, kohler is the proud sponsor of singing in the shower.

at a company that's bringing media and technology together. next is every second of nbcuniversal's coverage

0f the 2014 olympic winter games. it's connecting over one million low-income americans to broadband internet at home. it's a place named one america's most veteran friendly employers. next is information and entertainment in ways you never thought possible. welcome to what's next. comcastnbcuniversal. it's been 20 years, can you berea believe it, since that landmark legal case over hot coffee. but now mcdonald's facing two new legal battles over their hot beverages. trace gallagher is live with the latest. what's the latest on this case? i don't know about you, but when i order my coffee, i order it extra hot. >> well, then you're going to the right place because mcdonald's servines it extra ho. this woman burned herself in january of 2012 at a van nuys

mcdonald's. she's just now filing the lawsuit. she hasn't commented. mcdonald's hasn't commented. all we really have is the lawsuit itself. it says the lid for the hot coffee was negligently, improperly placed on the coffee cup in such a way so that it did not say on the cup, resulting in the lid coppi icoming off, caus window to spill on to the plaintiff. we still don't know yet exactly how much money this latest woman is seeking in damages. gretchen? >> okay. sounds a little crazy. and there's another case that might go to trial this year? >> just up the road in fresno. this is a 79-year-old woman. she burned herself in february of last year. again, the same thing. the coffee kind of spilled all over her lap. her name is joan. she was actually in settlement negotiations with mcdonald's, but the talks broke down, so now she is asking a jury to decide her damages.

listen to her. >> just poured all over me and started burning me. so i just start screaming and crying and asking the girl to help me. i couldn't do anything. they handed the cup to me and it just -- the coffee just came out. >> yeah, just came out. no word word, by the way, on when that case will go to trial, if it does. >> all right. hard to believe it's been 20 years since that original case, right? >> yeah, the original case was a woman named stella leebeck. we remember this woman. she had third-degree burns and had to get skin grafts. the jury awarded her $2. million. the judge rueduced it to $640,000. mcdonald's and she later settled for an undisclosed amount. many said this was the ultimate frivolous lawsuit. mcdonald's corporate policy was to serve the coffee at like 195 degrees because they believe it tastes better and people want the coffee served hot.

they knew going into this trial the coffee was dangerously hot, but they're kind of choosing taste over safety. >> all right. but i think as a person, when you order coffee, you know it's going to be hot or you'd order iced coffee. anyway, that's my two legal cents. trace, thanks so much. fox news alert. there's been a shooting at a movie theater. this happened near tampa. shepherd smith reporting live. >> two pooeople shot. they still have an active crime scene going. these two people we're told were in this theater in the town of wesley chapel just north of tampa bay. they have a suspect in custody, a man. that's all we know. actually, we know it's a male. could be a boy, could be a man. anyway, both victims are in a tampa area hospital. we don't know how badly hurt they are. we don't know whether this suspect knew these people at all, knew the victims.

we don't know if this was a revenge sort of thing or what it was. we're waiting for more from the local police on the west coast of florida. when we get it, we'll bring it to you. back to you. >> thanks so much. well, target isn't the only retailer with massive data breaches. we have the new bomb shell report showing more stores affected. and our biz panel will tell you what you need to do exactly to protect your identity because this is more than just a credit card. it's your personal identity. right back. when you have diabetes like i do,

getting the right nutrition isn't always easy. first, i want a way to help minimize my blood sugar spikes. then, a way to support heart health. ♪ and let's not forget immune support. ♪ but now i have new glucerna advance with three benefits in one. including carbsteady ultra to help minimize blood sugar spikes. it's the best from glucerna. [ male announcer ] new glucerna advance. from the brand doctors recommend most.

advancing nutrition for diabetes.

well, the senate is now in session still trying to hammer out a deal to extend short-term unemployment benefits to more than a million americans just days after the latest jobs numbers were released, and they weren't hot. chief congressional correspondent mike emanuel live on capitol hill. any update from senate majority leader harry reid today? >> reporter: good afternoon. harry reid was just on the senate floor and said bipartisan conversations are ongoing. he he says it's not clear if there will be votes this evening. he says the issue may slip until tomorrow. here's the majority leader just moments ago. >> if they insist on swamping this important issue with extraneous political amendments, it's clear they didn't want to extend unemployment in the first place. >> reid insists this bill is not going to get bogged down with

unrelated amendments, such as those that may be going after obamacare. he says he will look at relevant amendments, but of course the definition of relevant may depend on who you're talking to. gretchen? >> yes, it's politics. so what is the latest from republicans trying to push reid then to take up their amendments? see, if they have an "r" by them, he probably won't like them, even though his last name is reid. >> interesting, gretchen. the six republicans who voted with democrats last week, they met earlier today by a conference call. they're going to meet face to face later this afternoon. the six republican senators who voted on the first procedural vote last week are trying to see what amendments on paying for an extension and what reforms of the unemployment program they should push the majority leader to take up for votes. i'm told nevada senator dean heller, one of the six, is meeting with reid to figure out what amendments he will accept. here's another republican senator on the need for adjusting unemployment. >> this is a system that needs to be fixed. it needs to be modified.

we need to have it reviewed. we need to have it paid for. all of those things. and if we could have open debate in the united states senate and amendments, then maybe we could make it better in the long run. >> senate republican leader mitchell mcconnell on the floor responded to harry reid, saying republicans have a lot of good ideas about how to pay for extending unemployment and also great ideas about getting at the root of the problem and trying to get people back to work. >> mike emanuel live for us. thanks so much for that are update. fox news alert now. top democrats now calling for an investigation into the credit card breaches that affected more than a third of the u.s. population this holiday season. the lawmakers are calling for a full committee hearing now to explore the incidents and review current laws designed to protect consumers. this is reuters report. in addition to target and neiman marcus, at least three other unnamed retailers experienced similar attacks, but we don't know what companies those are yet.

elizabeth mcdonald is a contributor for the fox business network. and matt mccall is also here. one of the big questions, a third of all americans may have had their credit card, you know, taken. >> a crazy, phenomenal number. >> it's just different than having their credit card stolen. >> this is the part that's particularly worrisome. the credit card number is one thing. the personal information floating out there is another thing altogether. this is the real trouble spot in all of this. i think consumers can still use their credit cards safely, freely. it does have the protections that debit cards don't. when a thief takes your credit card, they're in essence robbing from the banks. with a debit card, they're robbing you. the money comes directly from your account. >> what about the personal information they may have stolen? forget the number. you can get a new card. what about your e-mail, your home address? can they then set up new accounts in your name? >> yeah, well, that's what's at issue. that's an important question. law enforcement has repeatedly

said this really is targeted at the banks. this is about bank fraud. possibly setting up fake accounts to basically drain money out of the banking system here in the united states and also of course the consumers. what i would say is listen, your information is probably already out there. you've probably already been hacked. every time you get your statement, if you see a weird charge that looks like it's from a company that you would see on the cartoon show, question it. >> statements arriving late too. maybe they changed the address. >> people can go online now and look at their charges almost instantaneously. >> you should be doing that. >> that's how i found out i was hacked last week after shopping on black friday. but the question is, personal identity theft, right, matt? because then you got to be looking at your credit report on a daily basis. can people do that? >> they can. that's the key. one, check your accounts regularly. you have to check and see if you have random charges. that happened to me a few months

ago. another thing is check your credit reports. the credit report is going to show a new account being opened. that's what's important now. if they have your information, everything they need to open an account, the credit report will show that. you can a lot of times get free credit reports. that's very, very important to do that. a lot of your cards offer fraud protection. take advantage of that. if they see odd charges coming through, they'll contact you and shut it down. >> and target is saying they'll provide a free credit report in all this. >> the place to go is annualcreditreport.com. you should be doing that, checking to see if there's suspicious activity. >> well, new evidence that it pays to be beautiful. researchers at the university of wisconsin milwaukee say when a company hires an attractive ceo, its shares tend to climb shortly after the announcement. the study shows good-looking bosses do better at the negotiating table, which contributes to their higher pay.

matt, as the only male -- wait a minute. is this really true? stocks go up apparently if they hire somebody that's hot? >> listen, i look for every edge i can get because i buy stocks every day. this is one i've never thought of. i don't think i would ever do that. if you're sitting at home and buying a stock because of a good-looking ceo, you're kind of doomed. a good example is yahoo!. marissa mayer became the ceo, stocks soared. consider to statistics, she's considered attractive. that was mentioned in this study. yahoo! is not successful because she's attractive. it's because she changed the business model. >> she made a million changes there. maybe it's because she was doing a better job with her brain. >> we've been having these kinds of conversations ever since kennedy debated nixon in the early '60s. the point can be made that ron johnson, when it came to, you know, jcpenney from apple and wrecked that company. he's been criticized for that. if you're feeling confident, you have integrity, you're going to

look even better to investors. >> what want a the fact that usually beauty -- okay, we think of wiomen womwomen. is beauty -- are women looked at differently for their beauty in business? >> they are. generally speaking, if you're an attractive person, you may 2% to 3% more than someone who is below average. that averages out to something like several hundred thousand dollars. >> see, i was going for the other angle. i think sometimes pretty women get a bad knock because then people think they're dumb. >> they think they're no brains. all beauty, no brains. i can see that. i think it's about being articulate, well groomed. when you sit down with someone, whether it's for lunch, trying to get a job, if you sit down confidently, people view you differently. >> confidence. i like it. thanks so much. well, let's check in with shepherd smith again, reporting live from the fox news desk. >> coming up, a very scary situation in northern california where investigators say they're hunting for an arsonist.

this is san jose. they've had 18 fires across the area -- i should say 13, since last wednesday. no word of anybody hurt yet. but a still councilman is setting up a block watch, asking for folks who are willing to stay up in shifts and watch their neighborhoods to come on out in an attempt to prevent things like this from happening again. we'll have the latest on this arson investigation, how people in the community are pitching in. that's the top of the hour. see you then. >> thank you so much. well, stunning new details about a man's desperate attempt to escape his killer. what investigators say happened when he tried to call 911. and do you like your whiskey? our control room does. uh-oh. who's managing it right now? why jim beam will soon be headed to japanese shores and what it could mean for the all-american bourbon. [ male announcer ] this is kevin.

to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat too, and has five grams of sugars. i'll believe it when i -- [ both ] oooooh... what's shakin'? oops. [ female announcer ] as you get older protein is an important part of staying active and strong. ensure high protein... 50% of your daily value of protein. low fat and five grams of sugars. see? he's a good e. [ major nutrition ] ensure high protein. ensure. nutrition in charge!

time to find out what america is clicking on today. a major takeover deal in the works for jim beam and makers mark bourbon. it's a privately held company known for producing japan's first whiskey now offers more than $13 billion for the american company. and check this out. looks like something out of a horror movie. a squid measuring 160 feet long. oh, my gosh. that thing is real? don't worry, it's knot. just a photoshopped hoax. of course. well, no pants, no problem. again, i have to look. oh, my goodness. the idea started in new york a decade ago and quickly spread, but no one is exactly sure why it all started in the first place. shocking new details about a man's desperate plea to escape his killer. police say timothy davidson made

several 911 calls, but his first one was dropped by maryland operators. investigators say it may have been because he crossed state lines into pennsylvania where he was pushed off the road then and killed by a man believed to be in a fit of road rage. his killer is still on the loose. joining me now is our fox news legal analyst. this is such a tragic story. >> horrible story. >> this happens around christmas time. >> right. >> it's the middle of the night. this, davidson, gentleman is on the phone can 911 most of the time this is happening. >> being chased. it's a case of road rage where he's chased from one state to the other. he's on 911. at some point, as he goes from maryland to pennsylvania, the call gets dropped. so it's going to be critical here is how did it get dropped? was it the 911 operator said to his or herself that it's not in our jurisdiction and dropped the call. i can guarantee you 911 is saying, no, we don't have that policy. in fact, they've already come out and said we don't have that

policy of dropping calls. clearly, it was dropped. >> so would -- i mean, technology with where it is today, would they automatically know while he's on the phone he's crossed the state line? >> i don't know the technology to that extent, whether they could do that, but they probably can. if they're saying we don't have a policy. but they went on to say, gretchen that, beyond that policy of not dropping, they have a policy of calling you back automatically. >> that didn't happen, right? >> we don't think that happened. >> he called back and starts talking to pennsylvania authorities. >> then he's talking to the state police in pennsylvania, exactly. maryland is gone at that point. >> and we're not really sure about the time span here, exactly how long he's being chased or on these calls. >> it's a while. >> one would assume that had the first call not been dropped, maybe they could have gotten to him. >> and he might still be alive. that's where you get to the whole issue of causation or a wrongful death lawsuit. forget about the criminal part. they'll catch this guy and he'll be charged with aggravated first-degree murder. horrible, horrible case.

but the civil part about their liability. if they had a duty to him, which they clearly did, it's 911, and they breach that duty, that'll be the question whether they dropped it or it was just some kind of mechanical failure. >> who would the family sue? >> 911, the state police. wrap them all up. it's a big lawsuit. >> all right. always great to get your legal insights. thank you. a new report reveals how hillary clinton tracked her enemies during the 2008 presidential campaign. but is this all that unusual, and will it get as much attention as chris christie bridgegate? the media buzz. the guy himself, next. ... ... ... ...

... ... ... ... ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant

welcome back. new report revealing hillary clinton kept a political hit list, tack her enemies during the 2008 presidential campaign. missouri senator claire

mccaskill was branded a traitor as she came out as the first female senator to back president barack obama, and she discussed bill clinton, saying, he has been a great leader but i don't want my daughter near him. howard kurtz, the host of media buzz. and my guest in studio. so this is just coming out today. excerpts from a book that will be more about hillary clinton, but in your mind, how much has has been covered as a story. >> it's gotten modest coverage, and hilary's hit list, the political payback. the problem with the excerpt is nobody on hillary's hit list actually got hit. it's nice recounting of all the people that bill clinton and hillary clinton were ticked off at for perceived political slights but i don't see any examples of retaliation. >> when you juxtapose that to

the coverage of governor chris christie since bridgegate, how do you see it? >> the christie story exploded because christie is such a larger than life figure, the two-hour press conference. we do see evidence of bayback, not necessary live by the governor but by his aideness creating the traffic night marry in apparent retaliation against a democratic mayor. don't think the average person cares if politicians are sniping or snubbing each other or denying each other votes or jobs. but when there's political road nil the form of commuters who can't get to work, emergency vehicles, that catted actualitied this into a big story. >> or there's some sort of alleged coverup. the media attention now will be, he says he didn't do it, but what if something comes up? >> we're great at unanswered questions so we'll be tracking that, whether there's other case0s christie being a bully, the media a month ago loved this

guy because he was a tough-talking jersey shore guy. in this politico piece about hillary it says it would be mitt cal malpractice for the clip tons not keep track of their friends and enemies. politicians do that everybody, and i would be mad at claire mccaskill, too other,. >> what so highly unusual about keeping the list. i'm sure every politician does that to some extent. >> everybody who runs for office tries to get people to support then, tries to get money, keeps track, at least in their head, over who is supportive and not supportive. when it's time to hand out jobs and favors and support somebody in another race, of course they do. that's the way politics has been practiced since the beginning. the clintons have a big machine they play this game aggressively no bones about that. i don't of specific'm instances of retaliation. >> maybe the headline is not exactly as the hit list.

>> somebody wrote a headline that maybe goes a little beyond the story? i'm shocked. >> great to see you. thank you. it's the double take seen around the world, or at least the internet. a confused toddler meets her dad's identical twin for the first time look at that reaction. we'll play more coming. your eyes really are unique. in fact, they depend on a unique set of nutrients. [ male announcer ] that's why there's ocuvite thelp protect youeye health. as you, your eyes can lose vital nuients. ocuvite helps replenish key eye nutrients. ocuvite is a vitamin made just for your eyes from the eye care experts as bausch + lomb. ovite has a unique formula that's just not found in any leading multivitamin. your eyes are unique, so help protect your eye health with ocuvite.

a lot of comments regarding the newest obamacare night maersk enrollees across the country learning they can't prove their actually covered 11,000 pages of regulation and with an entire 20 hours of training, navigators know it all. darryl posting, broken design equals bad software equals bad results equals hurt americans. alice says our family doesn't have healthcare insurance. we may be better off. >> kiter citizen posting, should be vegas care.

roll the dice every day to see if you're covered or not. thank you for sharing your thoughts on that topic. keep the thoughts coming because we'll keep reading them right here. you're going to want to see this adorable video we're about to show you. it's exploded online. it shows a confused toddler meeting her father's identical twin for the first time. now, check out those double-takes. >> hey. there's two of us. you can see me. [laughter] >> oh, so confusing for that beautiful little baby. and they sound it like -- they sound alike. >> thank you for being part of the real story. hope to see you again here tomorrow, and for the meantime, shepard smith is going to report now live from the fox news deck.

>> if you did any shopping over the ohio you might want to check your credit card statement. now there are multiple reports that hackers hit at least four other major retailers. we'll tell you which ones. so let's get too it. >> good monday afternoon. a fox urgent right now. the southwest airline flight that accidentally, somehow, landed at the wrong airport in missouri? is about to take off from the wrong airport. the challenge here is the wrong airport has a runway that we about too short for these passenger jets, and the runway ends with a cliff. a live look at the plane right now. all started last night when a southwest airlines flight from chicago to branson, mist, but instead of landing in branson, it landed at a much smaller airport a few miles away. thankfully nobody got hurt but it was clearly a very